Chương II Luật Thi hành án hình sự 2019: Hệ thống tổ chức thi hành án hình sự, nhiệm vụ, quyền hạn của cơ quan có thẩm quyền trong thi hành án hình sự

Chapter II

SYSTEM OF CRIMINAL JUDGMENT EXECUTION ORGANIZATION, TASKS AND POWERS OF COMPETENT AGENCIES IN THE EXECUTION OF CRIMINAL JUDGMENTS

Article 11. System of execution of criminal judgment organization

1. Criminal judgment execution management agencies, including:

a) Criminal judgment execution management agencies of the Ministry of Public Security;

b) Criminal judgment execution management agencies of the Ministry of National Defense.

2. Criminal judgment execution agencies, including:

a) Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (hereinafter referred to as prisons);

b) Criminal judgment execution agencies of police departments of provinces and central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of provincial-level police departments);

c) Criminal judgment execution agencies of police departments of districts, towns and provincial cities, cities affiliated to central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of district-level police offices);

d) Criminal judgment execution agencies of military zones and equivalent level (hereinafter referred to as criminal judgment execution agencies of military zones).

3. Agencies which are assigned certain tasks of criminal judgment execution, including:

a) Detention centers of the Ministry of Public Security, detention centers of the Ministry of National Defense, detention centers of provincial-level departments and detention centers of military zones (hereinafter referred to as detention centers);

b) The People’s Committees of communes;

c) Military units of regiment and equivalent levels (hereinafter referred to as military units).

4. The Minister of Public Security and the Minister of National Defense shall specify the organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.

Article 12. Tasks and powers of the criminal judgment execution management agency of the Ministry of Public Security

1. Assist the Minister of Public Security in performing the following tasks and powers:

a) Organizing enforcement of the law on execution of criminal judgments;

b) Providing professional practices and instructions in consistence with application of regulations and laws on execution of criminal judgments;

c) Reviewing the execution of criminal judgments.

2. Examine the execution of criminal judgments.

3. Decide the sending of persons sentenced to prison to place where they will serve the sentences and sending of minors to reformatories.

4. Directly manage prisons, reformatories of the Ministry of Public Security.

5. Follow statistics and reporting regulations.

6. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.

7. Perform other tasks and powers in accordance with this Law and assigned by the Minister of Public Security.

Article 13. Tasks and powers of the criminal judgment execution management agency of the Ministry of National Defense

1. Assist the Minister of National Defense in performing the following tasks and powers:

a) Organizing enforcement of the law on execution of criminal judgments;

b) Providing professional practices and instructions in consistent application of regulations and laws on execution of criminal judgments in military;

c) Reviewing the execution of criminal judgments in military.

2. Examine the execution of criminal judgments in military.

3. Decide the sending of persons sentenced to prison to place where they will serve the sentences.

4. Directly manage prisons of the Ministry of National Defense.

5. Follow statistics and reporting regulations.

6. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.

7. Perform other tasks and powers in accordance with this Law and assigned by the Minister of National Defense.

Article 14. Tasks and powers of the criminal judgment execution management agencies of provincial-level police departments

1. Assist directors of provincial-level police departments in managing and directing the execution of criminal judgments in their respective provinces:

a) Providing professional practices and instructions for and examining the execution of criminal judgments by, detention centers and criminal judgment execution agencies of district-level police offices;

b) Reviewing the execution of criminal judgments and following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of Public Security.

2. Receive court judgments and decisions, decisions on the execution of criminal judgments; complete dossiers and establish lists of persons sentenced to prison and submitting them to competent agencies or persons for decision; establish judgment execution dossiers for corporate legal entities.

3. Request competent courts to consider deciding suspension of the serving of prison sentences and reduction of the duration of serving prison sentences, parole granted to inmates and shortening probation period granted to parolees, and seek mental health assessment as per the law.

4. Receive persons sentenced to prison transferred from foreign countries to Vietnam to execute the judgments under decisions of competent courts, complete judgment execution dossiers, and report criminal judgment execution management agencies to issue decisions to send concerned persons to place where they will serve the sentences.

5. Organize execution of expulsion sentences; participate in execution of death sentences; manage inmates for custody and detention purposes as per this Law.

6. Release wanted notices and hunt sentenced persons escaping from prisons.

7. Decide to transfer inmates or follow inmate transfer orders of competent authorities or persons.

8. Organize execution of penalties and judicial measures against corporate legal entities as per this Law.

9. Issue certificates of complete serving of sentence, and certificates of complete serving of judicial measure under their competence.

10. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.

11. Perform other tasks and powers under this Law.

Article 15. Tasks and powers of the criminal judgment execution management agencies of military zones

1. Assist commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:

a) Providing professional practices and examining the execution of criminal judgments;

b) Managing prisons of military zones;

c) Reviewing the execution of criminal judgments and following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of National Defense.

2. Receive court judgments and decisions, decisions on the execution of criminal judgments; complete dossiers and establish lists of persons sentenced to prison and submitting them to competent agencies or persons for decision; establish judgment execution dossiers for corporate legal entities.

3. Request competent courts to consider deciding the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences, parole granted to inmates and shortening probation period granted to persons serving suspended sentences, parolees, reduction of the duration of serving community sentences, force persons serving suspended sentences who violate the terms of probation to serve the remainder of the sentences in prison, cancel decisions on parole granted to persons who violate the terms of parole and compel such persons to serve the remainder of the sentences in prison, seek mental health assessment as per the law.

4. Escort for judgment execution against persons sentenced to prison while on bail, persons whose prison sentences are postponed or suspended, persons who are forced to serve the original suspended sentences, and persons whose decisions on parole are cancelled by the court.

5. Participate in execution of death sentences; manage inmates for custody and detention purposes as per this Law.

6. Release wanted notices and hunt sentenced persons escaping from prisons.

7. Decide to transfer inmates or follow inmate transfer orders of competent authorities or persons.

8. Organize execution of penalties and judicial measures against corporate legal entities as per this Law.

9. Issue certificates of complete serving of sentence, and certificates of complete serving of judicial measure under their competence.

10. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.

11. Perform other tasks and powers under this Law.

Article 16. Tasks and powers of the criminal judgment execution management agencies of district-level police offices

1. Assist chiefs of district-level police offices in managing and directing the execution of criminal judgments in their respective districts:

a) Providing professional instructions on the execution of criminal judgments according to their competence for commune-level People's Committees; directing and examining commune-level police offices in their assistance for commune-level People's Committees in performing the tasks of executing criminal judgments under this Law:

b) Following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of Public Security.

2. Receive court judgments and decisions, judgment execution decisions, relevant documents, compile dossiers and organize execution of criminal judgments against persons serving suspended sentences, community sentences, prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights, mandatory supervision; management of persons whose prison sentences are postponed or suspended, parolees.

3. Compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments to request competent courts to consider deciding suspension of the serving of prison sentences, reduction of the duration of serving prison sentences, paroles granted to sentenced inmates who are held in custody houses, shortening probation period granted to parolees.

4. Escort for judgment execution against persons sentenced to prison while on bail, persons whose prison sentences are postponed or suspended, persons on probation who are forced to serve the original prison sentences, and persons whose decisions on parole are cancelled by the court.

5. Directly manage inmates for custody and detention purposes at custody houses.

6. Serve judgment execution decisions on persons sentenced to prison who are held in custody houses and send reports to criminal judgment execution agencies of provincial-level police departments.

7. Compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments for request to the criminal judgment execution management agency of the Ministry of Public Security to issue decisions to send persons sentenced to prison who are held in custody houses, persons whose prison sentences are postponed or suspended, persons on probation who are forced to serve the original prison sentences, persons whose decisions on parole are cancelled by the court to serve their sentences.

8. Request competent courts to consider deciding the suspension of the serving of prison sentences of sentenced persons while on bail, forcing persons serving suspended sentences who violate the terms of probation to serve the remainder of the sentences in prison, cancel decisions on parole granted to persons who violate the terms of parole and compel such persons to serve the remainder of the sentences in prison, shortening probation period granted to persons serving suspended sentences, reduction of the serving of community sentences, and exemption from serving the remainder of the sentences granted to persons subject to mandatory supervision or prohibition from residence.

9. Request competent authorities to release wanted notices against persons evading serving their sentences; issue decisions to transfer inmates or follow inmate transfer orders of competent authorities or persons.

10. Issue certificates of complete serving of sentence within their competence.

11. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.

12. Perform other tasks and powers under this Law.

Article 17. Tasks, powers and organizational structure of prisons

1. Prisons, as agencies executing prison sentences, have the following tasks and powers:

a) Admitting inmates and managing the incarceration, education and rehabilitation of inmates;

b) Notifying relatives of inmates of the admission of inmates and their serving of sentences;

c) Requesting competent courts to consider deciding reduction of the duration of serving prison sentences, suspension of the serving of prison sentences, parole granted to inmates as per the law;

d) Following inmate transfer orders of competent authorities or persons;

dd) Receiving personal possessions and money voluntarily handed by inmates and relatives of inmates at prisons for judgment execution, transfer them to civil judgment enforcement agencies of places in which the courts which have conducted first-instance trial of the cases are based or civil judgment enforcement agencies are delegated to enforce the judgments ; receiving personal possessions and money from civil judgment enforcement agencies and handing them to inmates under the Law on Enforcement of Civil Judgments;

e) Cooperating with civil judgment enforcement agencies in providing information about places where inmates serve their prison sentences, the exercise of civil rights and performance of civil obligations of inmates, to the places of residence of persons who are granted pardon, exempted from serving prison sentences or parolees; transferring documents related to inmates sentenced to payment of fines, confiscation of property and other civil obligations;

g) Issuing certificates of complete serving of prison sentence and certificates of parole;

h) Carrying out procedures for handling cases of deceased inmates;

i) Escorting, delivering foreign inmates under court decisions on the transfer of persons currently serving prison sentences; admitting, and managing the incarceration, education and rehabilitation of Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences; implementing the provisions of this Law on execution of the expulsion sentence;

k) Following statistics and report regulations on execution of prison sentences;

l) Performing other tasks and powers as per the law.

2. Superintendents have the following tasks and powers:

a) Organizing the performance of tasks and powers of prisons as provided in Clause 1 of this Article;

b) Issuing decisions to classify inmates and organize incarceration of inmates according to their categories; decisions on inmate's performance grade, decisions on upgrading or downgrading in inmate's category, decisions on recognition of inmate convicted of disciplinary offence making progress, decisions on certain initial investigation measures in accordance with laws and regulations, decisions on suspension of wanted notice upon successful capture of inmates escaping from prison; and decisions on commendation for and disciplinary actions against inmates;

c) Deciding to check, seize and handle articles and documents on the ban list;

d) Issuing decisions to transfer inmates for medical examination and treatment, management, labor and learning purposes; to transfer inmates who suffer illnesses so serious that they cannot take care of themselves or have children under 36 months of age residing with their mothers in prison and suffering illnesses which require treatment to treatment wards at hospitals;

dd) Releasing wanted notices and cooperating in organizing forces to promptly pursue inmates escaping from prison.

3. Deputy superintendents shall perform tasks and powers of a prison superintendent as assigned or authorized by the prison superintendent and take responsibility for assigned or authorized tasks.

4. A prison shall be organized as follows:

a) A prison has prison departments, incarceration sectors and prison cells, facilities serving incarceration management, daily living, education and health care of inmates; work and vocational zones under management of the prison; facilities serving work and daily living of officers, professional soldiers, non­commissioned officers, soldiers, and workers in the prison;

b) The management apparatus of a prison consists of superintendent, deputy superintendents, heads and deputy heads of prison departments, team leaders and deputy leaders; commissioned officers, professional soldiers, and non-commissioned officers; soldiers, and workers.

Superintendent, deputy superintendent, heads and deputy heads of prison departments, team leaders and deputy leaders must possess bachelor’s degrees or higher degrees in public security, security or law and satisfy other criteria as prescribed.

5. The Government shall elaborate Clause 4 of this Article.

Article 18. Tasks and powers of detention centers in execution of criminal judgments

1. Directly manage the incarceration, education and rehabilitation of inmates serving sentences in detention centers under this Law.

2. Request competent authorities to consider deciding reduction of the duration of serving prison sentences, suspension of the serving of prison sentences, parole granted to inmates.

3. Issue certificates of complete serving of prison sentence, certificates of parole to inmates in detention centers of the Ministry of Public Security, detention centers of the Ministry of National Defense.

4. Perform other tasks and powers under this Law.

Article 19. Tasks and powers of the People’s Committees of communes in execution of criminal judgments

1. The People's Committees of communes have the tasks and powers of supervising and educating persons who serve suspended sentences, community sentences, sentences of prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights; management of persons whose prison sentences are postponed or suspended, parolees; controlling and educating persons serving sentences of mandatory supervision.

2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.

3. With respect to districts which have no commune level, criminal judgment execution agencies of district-level police office shall perform tasks and powers as prescribed in Clause 1 of this Article.

Article 20. Tasks and powers of military units in execution of criminal judgments

Military units have the tasks and powers of supervising and educating persons who serve suspended sentences, community sentences, sentences of prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights; management of persons whose prison sentences are postponed or suspended, parolees.

Article 21. Tasks and powers of courts in execution of criminal judgments

1. Issue judgment execution decisions; decisions to set up councils for execution of the death sentence.

2. Issue or cancel decisions to postpone, suspend the serving of prison sentences; parole; decisions to suspend judgment execution; decisions on exemption from or reduce the duration of the serving of sentences; decisions to force persons on probation to serve the original prison sentences; decisions to extend the time limit for expulsion; decisions to shorten the probation period for persons serving suspended sentences, parolees.

3. Consider and permit the receipt of corpses of persons sentenced to death.

4. Send judgments and decisions to be executed and decisions stated in Clauses 1 and 2 of this Article, and related documents to agencies, organizations and individuals under this Law.

5. Issue decisions to receive Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences, transfer foreign inmates.

6. Issue decisions to seek mental health assessment of inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity.

7. Follow statistics and report regulations on execution of criminal judgments within their competence.

8. Perform other tasks and powers under this Law.